<section number="78B-5-202"><effdate>3/13/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">38</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Duration of judgment -- Judgment as a lien upon real property -- Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child support orders.</catchline><subsection number="78B-5-202(1)"><subsection number="78B-5-202(1)(a)">Judgments shall continue for eight years from the date of entry in a court unless previously satisfied, renewed, or unless enforcement of the judgment is stayed in accordance with law.</subsection><subsection number="78B-5-202(1)(b)">Entry of an order renewing a judgment:<subsection number="78B-5-202(1)(b)(i)">maintains the date of the original judgment;</subsection><subsection number="78B-5-202(1)(b)(ii)">maintains the priority of collection of the judgment; and</subsection><subsection number="78B-5-202(1)(b)(iii)">except as explicitly provided otherwise by law or contract, begins anew the time limitation for an action upon the judgment.</subsection></subsection></subsection><subsection number="78B-5-202(2)">Before July 1, 1997, except as limited by Subsections <xref depth="4" refnumber="78B-5-202(4)" start="0">(4)</xref> and <xref depth="4" refnumber="78B-5-202(5)" start="0">(5)</xref>, the entry of judgment by a district court creates a lien upon the real property of the judgment debtor, not exempt from execution, owned or acquired during the existence of the judgment, located in the county in which the judgment is entered.</subsection><subsection number="78B-5-202(3)">An abstract of judgment issued by the court in which the judgment is entered may be filed in any court of this state and shall have the same force and effect as a judgment entered in that court.</subsection><subsection number="78B-5-202(4)">Before July 1, 1997, and after May 15, 1998, a judgment entered in a small claims action may not qualify as a lien upon real property unless abstracted to the district court and recorded in accordance with Subsection <xref depth="4" refnumber="78B-5-202(3)" start="0">(3)</xref>.</subsection><subsection number="78B-5-202(5)"><subsection number="78B-5-202(5)(a)">If any judgment is appealed, upon deposit with the court where the notice of appeal is filed of cash or other security in a form and amount considered sufficient by the court that rendered the judgment to secure the full amount of the judgment, together with ongoing interest and any other anticipated damages or costs, including attorney fees and costs on appeal, the lien created by the judgment shall be terminated as provided in Subsection <xref depth="4" refnumber="78B-5-202(5)(b)" start="0">(5)(b)</xref>.</subsection><subsection number="78B-5-202(5)(b)">Upon the deposit of sufficient security as provided in Subsection <xref depth="4" refnumber="78B-5-202(5)(a)" start="0">(5)(a)</xref>, the court shall enter an order terminating the lien created by the judgment and granting the judgment creditor a perfected lien in the deposited security as of the date of the original judgment.</subsection></subsection><subsection number="78B-5-202(6)"><subsection number="78B-5-202(6)(a)">A child support order, including an order or judgment for guardian ad litem attorney fees and costs, or a sum certain judgment for past due support may be enforced:<subsection number="78B-5-202(6)(a)(i)">within four years after the date the youngest child reaches majority; or</subsection><subsection number="78B-5-202(6)(a)(ii)">eight years from the date of entry of the sum certain judgment entered by a tribunal.</subsection></subsection><subsection number="78B-5-202(6)(b)">The longer period of duration shall apply in every order.</subsection><subsection number="78B-5-202(6)(c)">A sum certain judgment may be renewed to extend the duration.</subsection></subsection><subsection number="78B-5-202(7)"><subsection number="78B-5-202(7)(a)">After July 1, 2002, a judgment entered by a district court, a justice court, the Business and Chancery Court, or the Constitutional Court, becomes a lien upon real property if:<subsection number="78B-5-202(7)(a)(i)">the judgment or an abstract of the judgment containing the information identifying the judgment debtor as described in Subsection <xref depth="4" refnumber="78B-5-201(4)(b)" start="0">78B-5-201(4)(b)</xref> is recorded in the office of the county recorder; or</subsection><subsection number="78B-5-202(7)(a)(ii)">the judgment or an abstract of the judgment and a separate information statement of the judgment creditor as described in Subsection <xref depth="4" refnumber="78B-5-201(5)" start="0">78B-5-201(5)</xref> is recorded in the office of the county recorder.</subsection></subsection><subsection number="78B-5-202(7)(b)">The judgment shall run from the date of entry by the court.</subsection><subsection number="78B-5-202(7)(c)">The real property subject to the lien includes all the real property of the judgment debtor:<subsection number="78B-5-202(7)(c)(i)">in the county in which the recording under Subsection <xref depth="4" refnumber="78B-5-202(7)(a)(i)" start="0">(7)(a)(i)</xref> or <xref depth="4" refnumber="78B-5-202(7)(a)(ii)" start="0">(ii)</xref> occurs; and</subsection><subsection number="78B-5-202(7)(c)(ii)">owned or acquired at any time by the judgment debtor during the time the judgment is effective.</subsection></subsection><subsection number="78B-5-202(7)(d)">If the judgment that gives rise to a lien described in Subsection <xref refnumber="78B-5-202(7)(a)" depth="4">(7)(a)</xref> is a judgment in favor of a state agency, the real property subject to the lien includes all real property of the judgment debtor in the state.</subsection><subsection number="78B-5-202(7)(e)">State agencies are exempt from the recording requirement of Subsection <xref depth="4" refnumber="78B-5-202(7)(a)" start="0">(7)(a)</xref>.</subsection></subsection><subsection number="78B-5-202(8)"><subsection number="78B-5-202(8)(a)">A judgment referred to in Subsection <xref depth="4" refnumber="78B-5-202(7)" start="0">(7)</xref> shall be entered under the name of the judgment debtor in the judgment index in the office of the county recorder as required in Section <xref depth="3" refnumber="17-71-302">17-71-302</xref>.</subsection><subsection number="78B-5-202(8)(b)">A judgment containing a legal description shall also be abstracted in the appropriate tract index in the office of the county recorder.</subsection></subsection><subsection number="78B-5-202(9)"><subsection number="78B-5-202(9)(a)">To release, assign, renew, or extend a lien created by a judgment recorded in the office of a county recorder, a person shall, in the office of the county recorder of each county in which an instrument creating the lien is recorded, record a document releasing, assigning, renewing, or extending the lien.</subsection><subsection number="78B-5-202(9)(b)">The document described in Subsection <xref depth="4" refnumber="78B-5-202(9)(a)" start="0">(9)(a)</xref> shall include:<subsection number="78B-5-202(9)(b)(i)">the date of the release, assignment, renewal, or extension;</subsection><subsection number="78B-5-202(9)(b)(ii)">the name of any judgment creditor, debtor, assignor, or assignee; and</subsection><subsection number="78B-5-202(9)(b)(iii)">for the county in which the document is recorded in accordance with Subsection <xref depth="4" refnumber="78B-5-202(9)(a)" start="0">(9)(a)</xref>:<subsection number="78B-5-202(9)(b)(iii)(A)">the date on which the instrument creating the lien was recorded in that county's office of the county recorder; and</subsection><subsection number="78B-5-202(9)(b)(iii)(B)">in accordance with Section <xref depth="3" refnumber="57-3-106" start="0">57-3-106</xref>, that county recorder's entry number and book and page of the recorded instrument creating the judgment lien.</subsection></subsection></subsection></subsection></section>